07-28-2020 BOA Minutes July 28, 2020 Page 1 of 6

THE CITY OF CLAYTON

Board of Aldermen Virtual Zoom Meeting July 28, 2020 7:00 p.m.

Minutes

NOTE: In accord with the provisions of Section 610.015, RSMo., and multiple declarations of emergency at every level of government, and the prohibition of large gatherings due to the Coronavirus pandemic, normal requirements for voting in the Board meeting were suspended. Accordingly, votes were taken as if all Board members were physically present and in attendance at the meeting.

Mayor Harris called the meeting to order and requested a roll call. The following individuals were in attendance:

The following individuals were in attendance at the meeting by videoconferencing at all times unless otherwise noted.

Aldermen: Joanne Boulton, Rich Lintz, Ira Berkowitz, Bridget McAndrew, Susan Buse, Dan Sokol, and Mayor Michelle Harris

City Manager David Gipson City Attorney Kevin O’Keefe City Clerk June Frazier

The following members were absent: None

Motion made by Alderman Berkowitz to approve the July 14, 2020 minutes. Alderman Lintz seconded.

Motion to approve the minutes passed unanimously on a voice vote.

PUBLIC REQUESTS AND PETITIONS

None

A MOTION TO CONSIDER APPROVING A LIQUOR LICENSE FOR KATERINA’S, LLC DBA KATERINA’S GREEK KITCHEN LOCATED AT 7822 BONHOMME AVENUE

City Manager Gipson reported that Katerina’s, LLC d.b.a. Katerina’s Greek Kitchen is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 7822 Bonhomme Avenue.

The Police Department has completed its review of the application and supports the issuance of the requested license. The Planning and Development department has also approved the application with no objections.

The Police Department has completed its review of the application and supports the issuance of the requested license. The Planning and Development department has also approved the application with no objections.

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The applicant has chosen not to submit a petition from surrounding property owners and first floor tenants. As a result, they are aware that this application must have a super majority vote of five Board members to be approved.

Motion made by Alderman Boulton to approve a liquor license for Katerina’s, LLC d/b/a Katerina’s Greek Kitchen at 7822 Bonhomme Avenue. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

A MOTION TO CONSIDER APPROVING A LIQUOR LICENSE FOR 7676 FORSYTH, LLC DBA TONY’S AT 105 CARONDELET PLAZA

City Manager Gipson reported that 7676 Forsyth, LLC d.b.a. Tony’s is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, except Sundays, at 105 Carondelet Plaza.

The Police Department has completed its review of the application and supports the issuance of the requested license. The Planning and Development department has also approved the application with no objections.

The applicant has chosen not to submit a petition from surrounding property owners and first floor tenants. As a result, they are aware that this application must have a super majority vote of five Board members to be approved.

Tobias Raphael, James Bommarito and Jamie Mansfield, representing Tony’s, were in attendance to answer questions.

Mr. Raphael reported that the completion of the construction would be around the end of September, but an opening date has not yet been determined due to the pandemic.

Mr. Raphael also inquired about the “jersey barriers” for outdoor dining more specifically at Pastaria Restaurant.

Motion made by Alderman Boulton to approve a liquor license for 7676 Forsyth, LLC d/b/a Tony’s at 105 Carondelet Plaza. Alderman Lintz seconded.

The motion passed unanimously on a voice vote. vote.

AN ORDINANCE TO CONSIDER AUTHORIZING A SMALL VEHICLE SHARING PROGRAM IN COOPERATION WITH OTHER MUNICIPALITIES

City Manager Gipson reported that following the Board of Aldermen’s discussion regarding small vehicle regulations on April 17, 2020, Staff reached out to the Cities of Brentwood, Maplewood, and Richmond Heights to request their consideration of incorporating Clayton into the Small Vehicle Share Program Intergovernmental Agreement. The three cities agreed that adding the City of Clayton would be beneficial to the partnership.

Alderman Boulton introduced Bill No. 6802, authorizing a Small Vehicle Sharing Program in cooperation with other municipalities to be read for the first time by title only. Alderman Lintz seconded.

McCoole

Board of Adjustment Abby Goldstein Ward 1 alternate (new appointment for 5-yr term through June 30, 2025)

City Plan Commission/ARB Helen DiFate Ward 3 (reappointment for a 3-yr term through June 30, 2023)

Community Equity Commission (CEC) Nicki Bissel Ward 2 (new appointment for a 3-yr term through June 30, 2023)- replaces A. Sheble Stuart Berkowitz Ward 2 (reappointment for a 3-yr term through June 30, 2023)

Economic Development Advisory Committee (EDAC) Bill Schute

Ward 1 (reappointment for a 3-yr term through June 30, 2023)

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Anthony Kirk Ward 1 (new appointment completing a term through June 30, 2021)- replaces E. Wang Ann Vasquez Ward 2 (reappointment for a 3-yr term through June 30, 2023) Jeff Yorg Ward 2 (new appointment for 3-yr term through June 30, 2023)-replaces C. Brennan Mary Corcoran Ward 3 (new appointment for a 3-yr term through June 30, 2023)- replaces R. Kerr Norton Hoffman Ward 3 (reappointment for a 3-yr term through June 30, 2023)

Parks & Recreation Commission (P&R) Missy McCormick Ward 2 (reappointment for a 3-yr term through June 30, 2023) Karen Berry Elbert Ward 3 (new appointment for a 3-yr term through June 30, 2023)-D. LaGesse Matt Durham Ward 2 (new appointment for a 3-yr term through June 30, 2023)- replaces E. Schneider Melanie Tamsky Appointment as Chairman

Public Art Advisory Committee (PAAC) Dwyer Brown Ward 1 (reassigned to replace C. Colangelo, term expires 2021) Jacob Reby

Ward 3 (reappointment for a 3-year term through June 30, 2023)

Mayor Harris noted that the Board will need to discuss appointing a chairman for the EDAC and also a replacement for Brian Edwards who has recently resigned due to residence relocation.

Alderman McAndrew requested that a letter is sent to those applicants not selected and that a deadline date is included next year when the City advertises for recruitment.

Alderman Buse noted that Nicki Bissel’s appointment to the CEC is for the seventh seat which is non-ward specific.

Alderman Boulton inquired about the PAAC alternate positions.

Mayor Harris stated that there will be a more structured “game plan” for recommendations next year.

Motion made by Alderman Boulton to approve the appointments. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

FINDINGS - APPEAL OF THE ARCHITECTURAL REVIEW BOARD’S DECISION TO APPROVE A GARAGE ADDITION AT 747 MIDDLE POLO DRIVE

City Attorney O’Keefe reported that the Board received a draft of the proposed findings and order for dispositions of the appeal involving the property of 747 Middle Polo Drive. In summary the proposed findings include a finding that the appellant has failed to establish that they have standing to bring the appeal and that they have not demonstrated that they are an aggrieved party within the meaning of the City’s ordinances by reasonable suffering a demonstrable and material adverse effect from the ruling complained of. The findings also nonetheless address the substance of the complaints filed by the appellant and finds that they lack merit across-the-

In summary the proposed findings include a finding that the appellant has failed to establish that they have standing to bring the appeal and that they have not demonstrated that they are an aggrieved party within the meaning of the City’s ordinances by reasonable suffering a demonstrable and material adverse effect from the ruling complained of. The findings also nonetheless address the substance of the complaints filed by the appellant and finds that they lack merit across-the-

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board accordingly. The proposed order is that the decision of the Plan Commission/Architectural Review Board be affirmed. (copy of Findings attached)

Motion made by Alderman Boulton to accept the Findings. Alderman Lintz seconded.

The motion passed on a roll call vote: Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Sokol – Aye; and Mayor Harris – Aye.

City Attorney O’Keefe added that the City Clerk will distribute a copy of the Findings to the appellant and the property owners upon execution of the document.

Other

Alderman Boulton reported: • Participated in a Forward Through Ferguson virtual meeting for elected officials; 20 participants.

Alderman Lintz reported:

• Plan Commission/ARB

Alderman Berkowitz inquired about the monument issue and the next steps. Mayor Harris provided a report stating that currently the Task Force includes herself, a representative from the Missouri History Museum, a representative from Washington University, a professor for African-American studies; and Katie Lerwick, Chair of History, Clayton Community Foundation; they are awaiting a designee from the CEC. The first meeting of the task force is scheduled for mid-August.

Alderman McAndrew reported: • Clayton Community Foundation (CCF)

Alderman Buse reported that she also attended the Forward Through Ferguson virtual meeting.

Alderman Sokol reported: • Sustainability Committee met last week discussed electric vehicles and charging stations.

Mayor Harris reported that there is a lot of wildlife at Oak Knoll Park that includes two groups of hatchlings (ducks); Kudos to the Parks & Recreation staff for keeping up the great work on the City’s parks.

Motion made by Alderman Sokol that the Board adjourn to a closed meeting, with a closed vote and record, as authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, and to discuss matters related to negotiation of a contract pursuant to Section 610.021(12), RSMo. and/or proprietary information pursuant to Sec. 610.021(15), and/or information related to public safety and security measures pursuant to Section 610.021(18) and (19) RSMO. Alderman McAndrew seconded the motion.